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Retaining wall - implications for new extension

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Re: Retaining wall - implications for new extension

Postby diy » Mon Dec 12, 2016 9:04 am

Thomas&22 wrote:
If the new wall should have been a party wall and relevant notifications submitted, can my brother pursue this or did this requirement die with the previous owner.



The OP raised a question about party walls and what happens when work is done without the relevant notices. it probably is within 3M of the property foundations and if it was a retaining wall it probably required excavation below the existing foundations. It might even be deep enough to be eligible under the 6M rule. Further notice will be needed if his permitted development foundations go below.

Nothing in the PWA stops you remedying "trespassing" foundations.
My suggestions are not legal advice
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Re: Retaining wall - implications for new extension

Postby Hairyloon » Mon Dec 12, 2016 2:31 pm

dls wrote:There is nothing here to establish clearly that this is a party wall as such....

Is a party wall not defined as a wall dividing two parties?
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Re: Retaining wall - implications for new extension

Postby atticus » Mon Dec 12, 2016 5:17 pm

Yes.

s20 Party Wall Act 1996
“party wall” means—
(a)a wall which forms part of a building and stands on lands of different owners to a greater extent than the projection of any artificially formed support on which the wall rests; and
(b)so much of a wall not being a wall referred to in paragraph (a) above as separates buildings belonging to different owners;
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Re: Retaining wall - implications for new extension

Postby dls » Mon Dec 12, 2016 5:45 pm

Isn't it the case of the OP that the wall is on his ground?
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Re: Retaining wall - implications for new extension

Postby atticus » Mon Dec 12, 2016 5:51 pm

about 40 cm (of the width, presumably).

Although it may be a fair assumption that there had been a previous retaining wall, which may have needed repair or replacement.
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Re: Retaining wall - implications for new extension

Postby Hairyloon » Mon Dec 12, 2016 6:04 pm

atticus wrote:Yes.

s20 Party Wall Act 1996
“party wall” means—
(a)a wall which forms part of a building and stands on lands of different owners to a greater extent than the projection of any artificially formed support on which the wall rests; and
(b)so much of a wall not being a wall referred to in paragraph (a) above as separates buildings belonging to different owners;


I had not read OP as to suggest that the wall formed part of any building.
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Re: Retaining wall - implications for new extension

Postby tph » Mon Dec 12, 2016 9:02 pm

The OP describes works which are likely to result in excavations which would be covered by Section 6 of the act.
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Re: Retaining wall - implications for new extension

Postby Hairyloon » Mon Dec 12, 2016 9:12 pm

Party Wall etc. Act 1996 wrote:6: Adjacent excavation and construction...
3) The building owner may, and if required by the adjoining owner shall, at his own expense underpin or otherwise strengthen or safeguard the foundations of the building or structure of the adjoining owner so far as may be necessary.


Didn't somebody already suggest that?
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Re: Retaining wall - implications for new extension

Postby tph » Mon Dec 12, 2016 9:22 pm

Yes. It appears to have become somewhat circular.
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Re: Retaining wall - implications for new extension

Postby atticus » Mon Dec 12, 2016 9:28 pm

I suspect that all concerned would prefer not to compromise the integrity of the retaining wall.
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